§ 9. Removal or Relocation of Electric Facilities.

9.1

Public Interest Removal, Relocation or Temporary Rearrangement. The City reserves the right to require Monmouth Power and Light to remove, relocate or temporarily rearrange overhead Electrical Facilities within the Public Ways in the interest of public convenience, necessity, health, safety or welfare at no cost to the City. Within 90 days after written notice, or within a longer mutually-agreed upon time period if despite Monmouth Power and Light's diligent efforts, removal, relocation, or temporary rearrangement is not reasonably practical within 90 days, Monmouth Power and Light shall promptly commence the removal, relocation or temporary rearrangement of its Electrical Facilities. Before requiring a relocation or temporary rearrangement of Electric Facilities, the City shall, with the assistance and consent of Monmouth Power and Light, identify an alignment for the relocated or rearranged Electric Facilities within the Public Ways of the City. The City shall assign or otherwise transfer to Monmouth Power and Light all right it may have to recover the cost for Monmouth Power and Light's relocation or rearrangement work and shall support the efforts of Monmouth Power and Light to obtain reimbursement. In cases of capital improvement projects undertaken by the City, Monmouth Power and Light shall convert existing overhead distribution facilities to underground. The City acknowledges that Monmouth Power and Light may be allowed to collect such costs from its customers associated with conversion from overhead to underground distribution facilities consistent with OAR 860-022-0046, the Oregon Public Utility Commission rule on forced conversions.

9.2   

Private Interest Removal or Relocation. Monmouth Power and Light shall not be obligated to pay the cost of any removal or relocation that is required or made a condition of a private development. If the removal or relocation of Electrical Facilities is caused directly or otherwise by an identifiable private development or is made for the convenience of a private customer, Monmouth Power and Light may charge the expense of the removal or relocation to the private developer or private customer. For example, Monmouth Power and Light shall not be required to pay relocation costs in connection with a road widening or realignment where the road project is made a condition of or caused by a private development. In such event, the City shall require the developer to pay Monmouth Power and Light for such removal or relocation costs as part of its approval procedures.

9.3

Failure to Relocate, Remove, or Rearrange. If Monmouth Power and Light fails to relocate, remove, rearrange, or alter any Electric Facilities as requested by the City within the timeframe established by the City, provided such time frame is complies with the standards provided in Section 9.1, the City may upon notice to Monmouth Power and Light cause the Electric Facilities to be relocated, removed, rearranged, or altered by qualified contractors at Monmouth Power and Light's sole expense. Upon receipt of demand for payment from the City, Monmouth Power and Light shall promptly reimburse the City for all costs the City incurred to relocate, remove, rearrange or alter Electrical Facilities, including any costs incurred to collect payment from Monmouth Power and Light.